QuestionQUESTION: i was at a light and reached down to get something off the floor of my car. i saw the car next to me moving forward and as i came back up i released my foot off the brake. my car rolled forward int the car in front of me.
i gave the driver my license and what i believed to be my insurance. i later found out my husband had let our insurance lapse.
there was no visable damage to the car. i was only concerned because she said she hit her head on the windshield, indicating she was not wearing a seat belt. i thought she might have a medical claim.
today i received a call saying that she had $1,750 worth of not visible damage repaired. how could my car not have damage, her car not show any damage, and have that much repair work?
i did have my license suspended and i had it reinstated, but it is restricted.
this guy who called, on a blocked number, didn't say who he was, or what company he was calling from. he told me that even though i got my license back, that if i refused to pay the bill the CA DMV will pull my license again.
he said because i didn't have her car checked out at the time of her accident, that i am responsible for whatever damage this woman claims i did to her car. i can't imagine getting my own car checked out if i didn't see visible damage, much less someone else's. it never dawned on me to photograph her car to prove there was no visable damage. in the moment, my only concern was that she was not hurt.
ANSWER: Hi Jamie,
If you get another phone call do not have any conversation until you write down the name of the person who is calling, their phone number, who they work for, what there title is, etc.
Then you need to demand that from that point forward they only communicate with you in writing. You should request that they send you a copy of all repair documentation, photos of the damaged parts, invoices for the replacement parts purchased by the shop. You should expect that at some point you will receive a demand letter for payment of an injury claim. It's possible that once they learn you have no insurance that they may go away. On the other hand you may want to speak to an attorney so you are prepared if there is a law suit.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: all of the things you suggest make total sense. the person caught me offguard by addressing me in such a familiar manner. next time i will be better prepared.
however, my real question is, if i refuse to pay, (short of a lawsuit and judgement) can my license be resuspended? i make my living driving, and it would be tough to do without a license.
a follow up question might be, if the driver really hit her head, she was not wearing a seat belt. (i learned that from the police in an unrelated incident.) would her own negligence in making that choice mitigate any damages i might potentially owe her?
AnswerHi Jamie,
If the dirver was not wearing a seatbelt, then yes that is her negligence. A substantial portion of the injuries and thus the treatment needed, were atributable to the fact that she was not wearing a seat belt.
As far as your license goes, that would depend on your specific state laws which I am not familiar with. You would need to contact your DMV or a local attorney.
I hope this helps
Richard Hixenbaugh
